Results for 'contractual situation'

969 found
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  1.  36
    Non-Contractual Liability Arising Out of Damage Caused to Another.Christian von Bar - 2006 - Sellier de Gruyter.
    In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which determines whether (...)
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  2.  44
    Contractual Communication.Lawrence B. Solum - 2019 - Harvard Law Review Forum 113.
    In this Response, I will investigate the foundations of both shared and unshared meaning in legal communication. Part I takes a step back from contractual communication and offers a preliminary sketch of a general model of legal communication; the sketch draws on speech act theory and the work of Paul Grice, extending and modifying many of the insights developed by Kar and Radin. Part II turns to contractual communication, differentiating distinct “situations of contractual communication” and interrogating Kar (...)
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  3.  81
    Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract.Andrew Botterell - 2010 - Legal Theory 16 (3):135-160.
    This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of corrective justice. In particular, I suggest that even if a contract gives (...)
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  4.  95
    Artificial morality and artificial law.Lothar Philipps - 1993 - Artificial Intelligence and Law 2 (1):51-63.
    The article investigates the interplay of moral rules in computer simulation. The investigation is based on two situations which are well-known to game theory: the prisoner''s dilemma and the game of Chicken. The prisoner''s dilemma can be taken to represent contractual situations, the game of Chicken represents a competitive situation on the one hand and the provision for a common good on the other. Unlike the rules usually used in game theory, each player knows the other''s strategy. In (...)
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  5.  49
    The Social Contract as an Analytic, Justificatory, and Polemic Device.David Keyt - 1974 - Canadian Journal of Philosophy 4 (2):241 - 252.
    John Rawls, in his distinguished revival and animation of the theory of the social contract, maintains that “the procedure of contract theories provides … a general analytic method for the comparative study of conceptions of justice ”. As a corollary, he holds, secondly, that “if one interpretation [of the contractual situation] is philosophically most favoured, and if its principles characterize our considered judgments, we have a procedure for justification as well ”. Finally, Rawls uses the social contract as (...)
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  6. Contractualism for Us As We Are.Nicholas Southwood - 2018 - Philosophy and Phenomenological Research 99 (3):529-547.
    A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to (...)
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  7.  2
    Formalizing decisional and operational roles in legal contracts via term-modal logic.Stef Frijters & Matteo Pascucci - 2025 - In Daniele Porello, Cosimo Vinci & Matteo Zavatteri (eds.), Proceedings of OVERLAY 2024. CEUR. pp. 57-63.
    Translations of legal contracts into formal specifications that can be used for assisted reasoning are currently gaining considerable attention in AI and law. Yet, the conceptual intricacy of some of the normative notions involved in legal contracts continues to provide significant challenges to formalization; in accordance with this, there is a need for developing general logic frameworks which allow for an appropriate analysis of the fundamental components of a contractual situation. In the present work, we focus on the (...)
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  8.  92
    Understanding Racism as an Ethical Ideology: An Approach to Critical Communication in a White Supremacist Society.John R. Wright - 2001 - Social Philosophy Today 17:217-231.
    To be fully understood, contemporary forms of racism must be grasped as ethical ideologies rooted in an independent system of value classification. Racism does not merely result from an intrusion of strategic action on communicative action, as discourse ethicists might argue. In contemporary racism, the minority group is seen as perversely incapable of developing a capacity for the behavior that would constitute just moral reciprocity as decided in the contractual situation. Their standing as members of the moral community (...)
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  9.  31
    The experience of women researchers during the Covid-19 pandemic: a scoping review.Giulia Inguaggiato, Claudia Pallise Perello, Petra Verdonk, Linda Schoonmade, Pamela Andanda, Mariette van den Hoven & Natalie Evans - 2024 - Research Ethics 20 (4):780-811.
    Responses to the COVID-19 pandemic globally disrupted lives and contributed to the exacerbation of pre-existing inequalities. Women in research were also affected. The prominent role that women played in professional and personal care duties had a detrimental effect on their research outputs, potentially hindering their career progression. Moreover, the challenges faced by women academics during the pandemic, including job loss, increased mental health issues, and the intersection of gender with other socio-demographic traits exacerbated existing gender disparities within academia. By systematically (...)
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  10. Reflective Equilibrium and Archimedean Points.Norman Daniels - 1980 - Canadian Journal of Philosophy 10 (1):83-103.
    In A Theory of Justice, John Rawls defines a hypothetical contract situation and argues rational people will agree on reflection it is fair to contractors. He solves the rational choice problem it poses by deriving two lexically-ordered principles of justice and suggests the derivation justifies the principles. Its soundness aside, just what justificatory force does such a derivation have?On one view, there is no justificatory force because the contract is rigged specifically to yield principles which match our pre-contract moral (...)
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  11.  38
    Using a Qualitative Approach to Gain Insights into the Business Ethics Experiences of Australian Managers in China.Vivienne Brand & Amy Slater - 2003 - Journal of Business Ethics 45 (3):167 - 182.
    This study investigated the business ethics experiences of Australian managers in China, using qualitative methodology to identify themes. Thirty-one Australian managers who had spent on average 8.7 years working in business connected to China participated in in-depth interviews regarding their business ethics experiences in China. Commonly, managers identified issues relating to a broad spectrum which could be labelled "bribery and facilitation". Other repeated themes included requests for visa assistance, employee theft, nepotism and non-adherence to contractual obligations. This study has (...)
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  12.  29
    De natie : Van nationalisme naar postnationale identiteit.Frans De Wachter - 1993 - Tijdschrift Voor Filosofie 55 (1):48-71.
    The problem of the nation is articulated as the philosophical problem of the relation between the political and the non-political in the context of modernity. When the political relevance of traditional non-political bonds is removed, a new cohesion needs to be found between free and equal individuals. Three solutions are possible. The liberal-universalistic solution claims that there is no other source of unity than the political process itself; it finds the ingredients of political loyalty in the common rational agreement upon (...)
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  13.  10
    The Ring of Gyges.David Gauthier - 1986 - In David P. Gauthier (ed.), Morals by agreement. New York: Oxford University Press.
    Is a rational morality a necessary evil—a mean between what an individual would judge best—bettering his situation at whatever cost to others, and worst—having one's situation worsened at other's pleasure? It would seem that Glaucon's fable of the ring of Gyges may be applied to our account of morality. And indeed, matters may be worse—a contractarian morality such as we have developed may seem to be a tool for the clever and strong to use in domination, using the (...)
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  14. La situación legal de los trabajadores inmigrantes estables y temporeros en España.Francisco Sacristán Romero - 2006 - Aposta 26:2.
    Este texto analiza las políticas de empleo para los trabajadores extranjeros en España, los de situación estable y los de tipo temporal. Se fija especialmente en el marco legal vigente, español y comunitario, y aporta los análisis críticos de otras perspectivas, como por ejemplo los sindicatos. Los datos demuestran que los flujos de inmigrantes tienen una creciente importancia en muchos sectores de la economía y, por tanto, la legislación debe actualizarse y abrir los ojos a la realidad para acabar con (...)
     
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  15.  31
    Living into Community: Cultivating Practices That Sustain Us by Christine D. Pohl.Andrew Watts - 2014 - Journal of the Society of Christian Ethics 34 (1):245-246.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Living into Community: Cultivating Practices That Sustain Us by Christine D. PohlAndrew WattsLiving into Community: Cultivating Practices That Sustain Us CHRISTINE D. POHL Grand Rapids, MI: Eerdmans, 2012. 176 pp. $15.00With Living into Community: Cultivating Practices That Sustain Us, Christine Pohl provides a useful and accessible companion to her first book, Making Room: Recovering Hospitality as a Christian Practice (Eerdmans, 1999). Concerned that “church and culture have not (...)
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  16.  7
    Divergent Constitution of Liberal Regimes: Comparison of the U.S. and German Automotive Supplier Markets.Hyeong-Ki Kwon - 2003 - Politics and Society 31 (1):93-130.
    This article investigates, based on in-depth interviews and mail surveys, the different ways liberal market regimes are constituted by looking at two small market societies, the U.S. and German automotive parts markets. In a situation in which neoliberal paradigm is being challenged and prior norms about contracts and contractual relations do not work either, this article explores how different conceptions of fairness and divergent market regimes are constituted. This article claims that divergent market regimes result from different kinds (...)
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  17.  43
    Inappropriate regret.Claire Pouncey - 2009 - Philosophy, Psychiatry, and Psychology 16 (3):233-234.
    In lieu of an abstract, here is a brief excerpt of the content:Inappropriate RegretClaire Pouncey (bio)Keywordsanxiety, inappropriate guilt, moral sentiments, supererogation, regretThis delightful and provocative vignette has many interesting clinical facets, and I thank Dr. Bailey for his candid introspection. For me, this essay calls attention to an asymmetry in our culture, in which women tend to feel more comfortable than men in expressing anxieties about our unpredictable and often dangerous world. Women's fears, however, often are dismissed or minimized, revealing (...)
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  18. Care ethics and the global practice of commercial surrogacy.Jennifer A. Parks - 2010 - Bioethics 24 (7):333-340.
    This essay will focus on the moral issues relating to surrogacy in the global context, and will critique the liberal arguments that have been offered in support of it. Liberal arguments hold sway concerning reproductive arrangements made between commissioning couples from wealthy nations and the surrogates from socioeconomically weak backgrounds that they hire to do their reproductive labor. My argument in this paper is motivated by a concern for controlling harms by putting the practice of globalized commercial surrogacy into the (...)
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  19.  14
    The The theory of risk in the sale.Claudia Patricia García Rivera - 2022 - Human Review. International Humanities Review / Revista Internacional de Humanidades 11 (2):205-215.
    The Colombian Civil Code regulates the theory of risk in the contractual relationships that arise from the sale. The buyer is not the owner and bears the fortuitous loss of the thing, having to execute the payment provision knowing that the debtor will not meet theirs, in a situation that threatens the contractual balance of act. The theory is taken from French law, George Ripert (n. d) and adopted by the Colombian law. It is proposed that the (...)
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  20.  9
    Hobbes Reimagined: New Materialism, Ethics and Political Theory.Gonzalo Bustamante Kuschel - 2024 - Hobbes Studies 37 (2):160-168.
    This contribution to a symposium on Samantha Frost’s Lessons from a Materialist Thinker considers her innovative reinterpretation of Thomas Hobbes’s philosophy, situating him as a precursor of New Materialism. Frost’s reading emphasizes Hobbes’s conception of human beings as ‘thinking bodies’ inextricably intertwined with their environment. This materialist conception leads to a relational, peace-oriented ethic rooted in our interdependence. Frost’s interpretation is contrasted with those of Arash Abizadeh and Stephen Darwall. Abizadeh identifies two normative dimensions in Hobbes’s ethics: the prudential and (...)
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  21.  36
    The Idea of Legal Responsibility.Nils Jansen - 2014 - Oxford Journal of Legal Studies 34 (2):221-252.
    The article analyses and reconstructs a broad idea of legal responsibility which underlies and normatively links tort law with the law of unjustified enrichment. The article’s central proposition is that responsibility for damage caused and enrichment-responsibility are closely interrelated. Both aspects of obligations are equally an expression of corrective justice, and ultimately serve to protect the civil rights of citizens. It is shown that the idea of civil equality and the principle against unjustified enrichment require citizens to assume responsibility not (...)
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  22.  75
    Good faith and fair dealing in contracts formed and performed by electronic agents.Emily M. Weitzenböck - 2004 - Artificial Intelligence and Law 12 (1-2):83-110.
    The development of electronic agents that increasingly play an active role in the contract formation and execution process has highlighted the need for the creation of law-abiding autonomous agent systems. The principle of good faith is an important guideline for contractual behaviour which permeates civil law systems. This paper examines how this principle is applied both during the negotiation of a contract and during its performance. Selected examples from civil law literature of precontractual duties of good faith, and of (...)
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  23.  18
    The Christmas Conundrum.Thomas Corbin & Udo Braendle - 2019 - Journal of Business Ethics Education 16:283-287.
    Often conflicts arises between stakeholders of a firm. Instances where one stakeholder’s needs conflict with the rights of other stakeholders can put managers in a precarious situation. Strict adherence to contract rules, for example, may be the absolute right of the firm but at the same time enforcement of that contractual right or rule may be unduly damaging to another stakeholder. Managers in these situations may seek to find a balancing act between the two conflicting sides in order (...)
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  24.  16
    Restitutionary Damages for Breach of Contract: An Exercise in Private Law Theory.Hanoch Dagan - 2000 - Theoretical Inquiries in Law 1 (1).
    This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promise to pursue the profits derived by the promisor through a breach of contract as an alternative pecuniary remedy of wide applicability. Situated at the frontier of both contractual and restitutionary liability, the question of whether restitutionary damages for breach of contract should be available has received a considerable amount of attention. This article makes a critical examination of the normative groundings that have (...)
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  25.  21
    Narrative Fictions on State-Terrorism and Trauma: Re-reading Helon Habila’s Waiting for an Angel and John Nkemngong Nkengasong’s Across the Mongolo.Eric Nsuh Zuhmboshi - 2019 - Culture and Dialogue 7 (2):140-166.
    The relationship that exists between the state and her citizens has been described by Jean Jacques Rousseau as “a social contract.” In this contractual agreement, citizens are bound to respect state authority while the state, in turn, has the bounden duty to protect her citizens and guide them in their aspirations. In fact, any state that does not perform this duty is guilty of violating the fundamental rights of her citizens. This, however, is not the case in most postcolonial (...)
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  26.  43
    The Financial Distress of Corporate Personality: A Perspective from Fiqh.Saheed Abdullahi Busari, Luqman Zakariyah, Amanullah Muhammad & Akhtarzaite Bint Abdul Aziz - forthcoming - Intellectual Discourse:245-268.
    Oriental scholars discuss the concept of corporate personalitywithout any reference to Islamic law. A leading proponent of this view isJoseph Schacht; a western scholar of jurisprudence who contended that Islamicjurisprudence is limited to individual personality and devoid of corporate laws,hence, contractual agreements between corporations has no basis in Islamiclaw. Several scholars and researcher have responded with sufficient literatureon the status of an artificial person in Islamic law, but there are still issues withthe legal implication of corporate personality in the (...)
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  27.  47
    Helping subordinates with their personal problems: A moral dilemma for managers. [REVIEW]Dennis J. Moberg - 1990 - Journal of Business Ethics 9 (6):519-531.
    When subordinates ask their managers for help with their personal problems, it creates moral dilemmas for their managers. Managers are contractually obliged to maintain equivalent relations between their subordinates and that is compromised when one subordinate makes this kind of request. By applying deontological principles to this dilemma, additional options are revealed, and the moral duties managers owe their subordinates in these situations are clarified.
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  28.  9
    Contract.Peter Benson - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 29–63.
    This chapter contains sections titled: Introduction The Challenge to the Distinctiveness and the Coherence of Contract Four Autonomy‐Based Theories Three Teleological Theories Concluding Remarks References.
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  29. Special Issue of.Situated Action - 1993 - Cognitive Science 17 (1):1-47.
     
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  30. Quelques observations sur Les personnes en situation matrimoniale irrégulière dans le Droit de l'église catholique.En Situation Matrimoniale Irrégulière - 2007 - Revue des Sciences Religieuses 81 (1):119-132.
     
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  31. Vincent Colapietro.Situating Myself in Some Contemporary Discussions - 1996 - Journal of Speculative Philosophy 10 (1):1.
     
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  32. Changing Practice.Situated Learning - 2008 - In Ash Amin & Joanne Roberts (eds.), Community, Economic Creativity, and Organization. Oxford University Press. pp. 283--296.
     
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  33. Robin Cooper.Situation Semantics - 1987 - In Peter Gärdenfors (ed.), Generalized Quantifiers. Reidel Publishing Company. pp. 31--73.
     
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  34. Jon Barwise and John Perry.I. Situations Compromised - 1985 - In Aloysius Martinich (ed.), The philosophy of language. New York: Oxford University Press. pp. 420.
     
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  35. Matthias bode1.Jane M. Bachnik, Charles J. Quinn Jr & Situated Meaning - 1997 - Semiotica 113 (1/2):189-205.
     
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  36. Mats Rooth.Noun Phrase Interpretation In Montague, File Change Semantics Grammar & Situation Semantics - 1987 - In Peter Gärdenfors (ed.), Generalized Quantifiers. Reidel Publishing Company. pp. 237.
     
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  37.  62
    (1 other version)Non-contractual Society: A Feminist View.Virginia Held - 1987 - Canadian Journal of Philosophy, Supplementary Volume 13:111-137.
    Contemporary society is in the grip of contractual thinking. Realities are interpreted in contractual terms, and goals are formulated in terms of rational contracts. The leading current conceptions of rationality begin with assumptions that human beings are independent, self-interested or mutually disinterested, individuals; they then typically argue that it is often rational for human beings to enter into contractual relationships with each other.
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  38.  33
    Contractual Liability: for Fault or Strict?Simona Selelionytė-Drukteinienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1417-1441.
    The author investigates the necessity of fault as the prerequisite of contractual civil liability. The author makes the conclusion that Lithuanian law, following most of the countries belonging to the civil law tradition and contrary to the common law systems, as well as Vienna convention, UNIDROIT principles, PECL and DCFR, begins with the theory that fault is a requirement for contractual liability. Strict liability in Lithuanian law is the exception of this general rule. Nevertheless, the author argues that (...)
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  39.  22
    Contractual responsibility in non-profit associations.Flannigan Robert - 1998 - Oxford Journal of Legal Studies 18 (4):631-659.
    The contractual liability exposure of members of unincorporated non-profit undertakings has not been deeply investigated by the courts. The basic principle is clear enough - contractual liability depends on whether or not a member participates in managing the affairs of the association. This is framed by the judges as a question of agency. What has remained unstated is the rationale for this approach. The author examines the English, Canadian, and American authorities in an effort to clarify the operation (...)
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  40. Contractual Justice: A Modest Defence.Brian Barry - 1996 - Utilitas 8 (3):357-380.
    As the author ofJustice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes that (...)
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  41. The Contractual State.Patricia Springborg - 1987 - History of Political Thought 8 (3):395.
    Recent archaeological discoveries show ancient, and particularly Near Eastern society to have been supremely contractual, while Mediterranean society was historically characterized by strong family structures, challenging the 19th century evolutionary Status-to-Contract canon.
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  42.  18
    Contractual liability and voluntary undertakings.Sheinman Hanoch - 2000 - Oxford Journal of Legal Studies 20 (2):205-220.
    Developments in contract law over the past century have led to the proliferation of interpretive theories according to which contract law is no longer a sui generisi legal branch. It is widely accepted that if there is a sui generis contractual obligation, it must somehow be based on the wills of the parties. But a new orthodoxy in contract theory claims that the role of the will of the parties in contract law has been progressively shrinking due to judicial (...)
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  43.  34
    The contractual nexus: Is reliance essential?Mitchell Paul & Phillips John - 2002 - Oxford Journal of Legal Studies 22 (1):115-134.
    This article challenges the generally accepted dogma that reliance is an essential ingredient in contractual formation. We argue that this view has resulted from an erroneous interpretation of the relevant case law, failure to cite contrary authority, and the elevation of often oblique judicial references to the need for reliance to the status of fundamental contractual principle. Contractual theory and clear policy reasons support our position that in English law a contractual obligation subsists when a person, (...)
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  44.  26
    Beyond contractual morality: ethics, law, and literature in eighteenth-century France.Julia Simon - 2001 - Rochester, NY: University of Rochester Press.
    Beyond Contractual Morality looks at current debates over the meaning of liberalism by reexamining their roots in eighteenth-century texts, which demonstrate ...
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  45. Cross‐Situational Learning of Phonologically Overlapping Words Across Degrees of Ambiguity.Karen E. Mulak, Haley A. Vlach & Paola Escudero - 2019 - Cognitive Science 43 (5):e12731.
    Cross‐situational word learning (XSWL) tasks present multiple words and candidate referents within a learning trial such that word–referent pairings can be inferred only across trials. Adults encode fine phonological detail when two words and candidate referents are presented in each learning trial (2 × 2 scenario; Escudero, Mulak, & Vlach, ). To test the relationship between XSWL task difficulty and phonological encoding, we examined XSWL of words differing by one vowel or consonant across degrees of within‐learning trial ambiguity (1 × (...)
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  46. The Contractual Transformations And The Origins Of "civil Society".Laurent Jaffro - 2002 - Studia Philosophica 1.
    Un istoric al noţiunii de societate civilă va considera, fără îndoială, absurdă tentativa mea de a retrasa formarea conceptului în sânul teoriei contractualiste moderne, şi aceasta din doua motive. In primul rând, pentru că în filozofia politică a secolelor XVII-XVIII expresia "societatea civilă" este încă perfect sinonimă cu "comunitate politică". Apoi, pentru că sensul contemporan al expresiei se dezvoltă în afara tradiţiei contractualiste, în particular în scoala scoţiană, care, de la Hume la Smith şi Ferguson, respinge ideea de contract fondator (...)
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  47.  49
    Contractual retributivism unveiled.T. M. Reed - 1980 - Political Theory 8 (1):121-122.
  48.  39
    Contractual governance: Institutional and organizational analysis.Vincent-Jones Peter - 2000 - Oxford Journal of Legal Studies 20 (3):317-351.
    This paper focuses on the role of contract as a governance mechanism in contemporary economic and social relations, exploring this theme in the context of recent writing on contract and contracting within law and other disciplines. The trends towards both outsourcing by private firms and privatization of public services have increased the importance of contract as an instrument of market and quasi-market exchange. Such organizational developments have been accompanied by institutional changes in the way in which business relationships are regulated (...)
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  49. The Possibility of Contractual Slavery.Danny Frederick - 2016 - Philosophical Quarterly 66 (262):47-64.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the (...)
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  50. Contractual obligation and the good : beyond classical liberalism.Stephen Hall - 2024 - In James Dominic Rooney & Patrick Zoll (eds.), Beyond Classical Liberalism: Freedom and the Good. New York, NY: Routledge Chapman & Hall.
     
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